Sacramento Premises Liability Attorneys
What is Premises Liability?
Premises liability claims involve unsafe or defective property conditions causing serious injuries or death. Landowners, property owners and non-owner residents (e.g. apartment tenant) are responsible for maintaining their property in order to avoid exposing individuals to harm. The law holds land/property owners and non-owner residents liable for injuries resulting from hazards on the premises. For instance, if a spill is left unattended in a supermarket and there is a failure to warn of the spill, and someone slips and falls, that individual may sue the supermarket for injuries they suffered. The extent of liability may also depend on the injured individual. If they acted in an unsafe way or were trespassing, they may not have a valid claim.
Invitee, Licensee, or Trespasser
The laws and procedures of the state determine liability. Depending on the state, liability is determined either by the status of the injured visitor, or on the property condition and the actions of the owner and visitor. Visitor status is categorized three ways:
- Invitee: an individual who is invited to enter the property for business dealings (e.g. customers in a store)
- Licensee: an individual who enters a property (not open to the general public) for their own purpose with the landowner’s permission (e.g. social guest)
- Trespasser: an individual who enters a property without the owner’s permission (e.g. burglar)
Conditions of the Property
Common premises liability claims include:
- Slip and fall injuries
- Poorly maintained stairways, elevators, doors or other property fixtures
- Unsafe equipment or attractive nuisance on premises
- Inadequate security measures
- Toxic or chemical exposure
- Unrestrained or unsecured animals (posing a danger)
Time is of the essence with premises liability claims. Injury cases have a statute of limitations, or a time limit in which you can legally file a claim for your injuries. The statute of limitations varies by state.
Contact an experienced attorney at Kershaw, Cook & Talley for a free and confidential case evaluation. Call us at (916) 520-6639 or contact us now.